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INAMMULLAH KHAN AND ANR. ( LRs. OF LATE SH.NAZAR MOHD. KHAN ) v. MOHD.AMIN NIZAMI

Court: High Court of Jammu and Kashmir

Bench: HON'BLE MR. JUSTICE RAHUL BHARTI

Judgment date:

Case summary

High Court of Jammu and Kashmir judgment dated 2024-07-15. INAMMULLAH KHAN AND ANR. ( LRs. OF LATE SH.NAZAR MOHD. KHAN ) v. MOHD.AMIN NIZAMI. Read the...

Judgment text

Serial No. 07 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CR No. 82/2013 IA No. 83/2013 Inamullah Khan and Anr LRss of Late Sh. ….. Appellant(s)/Petitioner(s) Nzar Mohd Khan Through: Mr. Y. E Tak, Advocate Vs Mohd Amin Nizami . . …. Respondent(s) Through: Ms. Neha Abrol, Advocate vice Mr. O. P. Thakur, Sr. Advocate Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER(ORAL) (15. 07. 2024) 01. Learned counsel for the petitioner, Mr. Y. E. Tak fairly concedes that the institution of the present petition as a revision nd was a mistake, whereas it ought to have been a Civil 2 Appeal as has been observed by this Court in terms of order dated 08. 05. 2024. Mr. Tak submits that he needs to come up with amendment for nd concession of revision to Civil 2 Appeal. 02. However this Court proposes to Mr.

Tak that the better course of action would be to have withdrawal of this revision petition so as to come up with a Civil 2nd Appeal within the time to be given by this Court and by taking care the time spent in the pendency of this revision all along. Mr. Tak readily agrees to this preposition. 03. Accordingly, this revision petition is allowed to be withdrawn with liberty granted that time spent during the pendency of this revision petition shall not come in the way of the petitioner to 2 CR No. 82/2013 be counted as a delay in the matter of the filing of the Civil nd 2 Appeal, provided the petitioner comes forward with filing of Civil nd 2 Appeal within a period of four weeks from the date of passing of this order. nd 04. It is further directed that in the event of Civil 2 Appeal being filed, a certified copy of this revision petition alongwith certified copy of the order being passed today shall be accompanying nd the said Civil 2 Appeal. 05.

Disposed of alongwith connected application. (RAHUL BHARTI) JUDGE JAMMU 15. 07. 2024 Javid Iqbal Javid Iqbal 2024. 07. 18 15:33 I attest to the accuracy and integrity of this document

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.